FatwaFederal TerritoriesInheritance, Wills & Gifts
Pengurusan Hutang Pusaka
How should a deceased father's debt be handled if the heirs cannot pay or cannot find the creditor?
Short answer
The heirs may settle the deceased's debt using the deceased's estate.
A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.
- Authority
- Federal Territories Mufti Office
- Date
- Status
- Opinion (irsyad)
- Series
- Al-Kafi li al-Fatawi
- Topic
- Inheritance, Wills & Gifts
No evidence of gazettement in the source — this is not a gazetted fatwa.
Summary
The heirs may settle the deceased's debt using the deceased's estate. If the creditor has not been found, the funds are kept until he is located, and the matter may be publicised for four years to notify the creditor, based on the hadith of Abdullah bin Zubair managing his father's debts in Sahih al-Bukhari. The money may also be handed to the Baitulmal, which administers it according to Islamic law, including advertising and paying the creditor once found.
Written in our own words from the original fatwa — check the source before acting on it.
Hutang si mati boleh dijelaskan menggunakan harta pusaka si mati oleh waris si mati. Jika pemiutang itu belum ditemui, disimpan harta tersebut sehingga dia ditemui.
Read the full fatwa on the Federal Territories website (new tab)
How to cite
Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.
Federal Territories Mufti Office. “Pengurusan Hutang Pusaka”, 17 February 2016. https://muftiwp.gov.my/ms/artikel/al-kafi-li-al-fatawi/1691-pengurusan-hutang-pusaka. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/handling-deceased-father-debt-creditor-not-found/